Haspel Evades Questions On Torture, Cheney Backs It, And Will Democrats Back Down On Resisting Once Again?

The American Civil Liberties Union has outlined how Gina Haspel evaded multiple questions from the Senate Intelligence Committee this week. This included a question from Kamala Harris whether she found torture to be immoral. She evaded questions from Ron Wyden about whether she had wanted the use of torture “to be continued or expanded” between 2005 and 2007. She refused to recuse herself from decisions on declassifying her role in torture, with Haskel making the decisions regarding which documents the CIA will release. She misrepresented the content of torture tapes. She evaded questions on Trump’s views on torture.

While Haspel evaded questions, Dick Cheney had no qualms about presenting his views, which unfortunately consist of strong support for resuming the use of torture. He also said that that he thinks Haspel would “be a great CIA director.”

The vote on Haspel could be very close. So far one Democrat, Joe Manchin, said he would vote for her while John McCain has said he would vote against. Rand Paul previously stated he would oppose the confirmation of both Pompeo and Haspel, but folded on Pompeo.

Stopping her confirmation will depend upon the remaining Democrats sticking together, along with additional Republican defections. Glenn Greenwald questions whether the Democrats will stick together to block her nomination:

It is difficult to be optimistic, to put that mildly. The history of Democrats throughout the war on terror is to ensure that just enough members of their caucus join with the GOP majority to ensure passage of even the most extremist pieces of legislation or nominees justified in the name of terrorism or national security.

The ruse Democrats typically use to accomplish these dirty deeds is quite ingenious: The defectors change so that no one member bears the blame for enabling right-wing measures, while the party itself is able to claim that a majority opposed the extremism. In 2010 — as the Bush-era tactic of Democratic defections to the GOP continued under Barack Obama — I referred to this tactic as “Villain Rotation” and described it this way:

The primary tactic in this game is Villain Rotation.  They always have a handful of Democratic Senators announce that they will be the ones to deviate this time from the ostensible party position and impede success, but the designated Villain constantly shifts, so the Party itself can claim it supports these measures while an always-changing handful of their members invariably prevent it.  One minute, it’s Jay Rockefeller as the Prime Villain leading the way in protecting Bush surveillance programs and demanding telecom immunity; the next minute, it’s Dianne Feinstein and Chuck Schumer joining hands and “breaking with their party” to ensure Michael Mukasey’s confirmation as Attorney General; then it’s Big Bad Joe Lieberman single-handedly blocking Medicare expansion; then it’s Blanche Lincoln and Jim Webb joining with Lindsey Graham to support the de-funding of civilian trials for Terrorists; and now that they can’t blame Lieberman or Ben Nelson any longer on health care (since they don’t need 60 votes), Jay Rockefeller voluntarily returns to the Villain Role, stepping up to put an end to the pretend-movement among Senate Democrats to enact the public option via reconciliation.

We most recently saw the Democrats act more like collaborators than a resistance civil liberties during the votes on FISA renewal with eighteen Democrats siding with the Republicans to prevent consideration of amendments to reform the law. The eighteen Democrats provided exactly the number of votes for cloture to pass.

Trump Executive Orders Include Expanding Global Gag Rule On Abortion & Reinstating Black Site Prisons Closed Under Obama

Donald Trump’s use of executive orders have confirmed the worst fears about what we would see from a Trump presidency. Everyone who is aware of the policy assumed Trump would reinstate the global gag rule which, since Reagan, has been in place under all Republicans and reversed when Clinton and Obama were in office. This prohibits American foreign aide to organizations involved in providing abortions. What we did not anticipate, and most did not even realize immediately, was that Trump expanded this policy considerably. Michelle Goldberg did notice this and wrote in Slate:

In the past, the global gag rule meant that foreign NGOs must disavow any involvement with abortion in order to receive U.S. family planning funding. Trump’s version of the global gag rule expands the policy to all global health funding. According to Ehlers, the new rule means that rather than impacting $600 million in U.S. foreign aid, the global gag rule will affect $9.5 billion. Organizations working on AIDS, malaria, or maternal and child health will have to make sure that none of their programs involves so much as an abortion referral. Geeta Rao Gupta, a senior fellow at the United Nations Foundation who previously served as deputy executive director of UNICEF, gives the example of HIV/AIDS clinics that get U.S. funding to provide antiretrovirals: “If they’re giving advice to women on what to do if they’re pregnant and HIV positive, giving them all the options that exist, they cannot now receive money from the U.S.”

This makes Trump significantly worse than George W. Bush regarding the gag rule. Bush at least did specifically exempt support for an AIDS program, the President’s Emergency Plan for AIDS Relief (PEPFAR) from the global gag rule:

Scott Evertz, who served as director of the White House Office of National AIDS Policy under George W. Bush, tells me, “It would have been impossible to treat HIV/AIDS in the developing world as the emergency that PEPFAR said it was if the global gag rule were to be applied to the thousands of organizations with which those of us involved in PEPFAR would be working.” Evertz offers the example of a standalone health clinic in the slums of Nairobi, Kenya. Would the U.S. have to certify that it never referred any of its patients to an abortion provider before enlisting it in the fight against AIDS?  “The notion of applying the global gag rule to them would have made it impossible to implement the program,” he says.

Other executive orders involve building the border wall and curtailing immigration, limiting Obamacare, backing the Keystone XL and Dakota Access oil pipelines, and Trump is now reportedly preparing an executive order which would reopen “black site” prisons closed under Obama. The New York Times reports on the later:

The Trump administration is preparing a sweeping executive order that would clear the way for the C.I.A. to reopen overseas “black site” prisons, like those where it detained and tortured terrorism suspects before former President Barack Obama shut them down.

President Trump’s three-page draft order, titled “Detention and Interrogation of Enemy Combatants” and obtained by The New York Times, would also undo many of the other restrictions on handling detainees that Mr. Obama put in place in response to policies of the George W. Bush administration.

If Mr. Trump signs the draft order, he would also revoke Mr. Obama’s directive to give the International Committee of the Red Cross access to all detainees in American custody. That would be another step toward reopening secret prisons outside of the normal wartime rules established by the Geneva Conventions, although statutory obstacles would remain.

Mr. Obama tried to close the prison at Guantánamo Bay, Cuba, and refused to send new detainees there, but the draft order directs the Pentagon to continue using the site “for the detention and trial of newly captured” detainees — including not just more people suspected of being members of Al Qaeda or the Taliban, like the 41 remaining detainees, but also Islamic State detainees. It does not address legal problems that might raise…

Elisa Massimino, the director of Human Rights First, denounced the draft order as “flirting with a return to the ‘enhanced interrogation program’ and the environment that gave rise to it.” She noted that numerous retired military leaders have rejected torture as “illegal, immoral and damaging to national security,” and she said that many of Mr. Trump’s cabinet nominees had seemed to share that view in their confirmation testimony.

“It would be surprising and extremely troubling if the national security cabinet officials were to acquiesce in an order like that after the assurances that they gave in their confirmation hearings,” she said.

Trump Continues To Express Contradictory Views In New York Times Interview

trump-ny-times-interview

With Donald Trump often expressing contradictory views, sometimes in the same speech, we will not really know what a Trump administration will be like until we see what they actually do. In the meantime we continue to get some clues, such as in his interview with The New York Times (full transcript here).

Reading this, and other  recent statements from Trump, makes me believe he is non-ideological, has not thought very much about the issues, and often reflects the views of the last person he talked to. This provides hope that Trump can be persuaded to change his mind in areas where his statements have been contrary to fact, but also gives more reason to be worried about those he has appointed to his administration so far.

One area where he has altered his view to some degree is climate change:

JAMES BENNET, editorial page editor: When you say an open mind, you mean you’re just not sure whether human activity causes climate change? Do you think human activity is or isn’t connected?

TRUMP: I think right now … well, I think there is some connectivity. There is some, something. It depends on how much. It also depends on how much it’s going to cost our companies. You have to understand, our companies are noncompetitive right now.

They’re really largely noncompetitive. About four weeks ago, I started adding a certain little sentence into a lot of my speeches, that we’ve lost 70,000 factories since W. Bush. 70,000. When I first looked at the number, I said: ‘That must be a typo. It can’t be 70, you can’t have 70,000, you wouldn’t think you have 70,000 factories here.’ And it wasn’t a typo, it’s right. We’ve lost 70,000 factories.

We’re not a competitive nation with other nations anymore. We have to make ourselves competitive. We’re not competitive for a lot of reasons.

That’s becoming more and more of the reason. Because a lot of these countries that we do business with, they make deals with our president, or whoever, and then they don’t adhere to the deals, you know that. And it’s much less expensive for their companies to produce products. So I’m going to be studying that very hard, and I think I have a very big voice in it. And I think my voice is listened to, especially by people that don’t believe in it. And we’ll let you know…

SHEAR: Just one quick clarification on the climate change, do you intend to, as you said, pull out of the Paris Climate …

TRUMP: I’m going to take a look at it.

On the one hand, he does admit to at least “some connectivity,” which is an improvement over his history of denial of the human role in climate change. He also shows what I believe is the bottom line for many Republicans. They choose to deny climate change as they see it as bad for business. To them, a change in their business models would be bad, while liberals are more encouraged by the prospects of stimulating the economy with measures to change to more environmentally sound processes. Advisors such as Myron Ebell and Bob Walker make it less likely that we will see action by Trump on climate change.

Trump appeared willing to soften his views in some areas, but not where it might jeopardize his business concerns:

SHEAR: You’ve talked about the impact of the wind farms on your golf course. People, experts who are lawyers and ethics experts, say that all of that is totally inappropriate, so I guess the question for you is, what do you see as the appropriate structure for keeping those two things separate, and are there any lines that you think you won’t want to cross once you’re in the White House?

TRUMP: O.K. First of all, on countries. I think that countries will not do that to us. I don’t think if they’re run by a person that understands leadership and negotiation they’re in no position to do that to us, no matter what I do. They’re in no position to do that to us, and that won’t happen, but I’m going to take a look at it. A very serious look. I want to also see how much this is costing, you know, what’s the cost to it, and I’ll be talking to you folks in the not-too-distant future about it, having to do with what just took place.

As far as the, you know, potential conflict of interests, though, I mean I know that from the standpoint, the law is totally on my side, meaning, the president can’t have a conflict of interest. That’s been reported very widely. Despite that, I don’t want there to be a conflict of interest anyway. And the laws, the president can’t. And I understand why the president can’t have a conflict of interest now because everything a president does in some ways is like a conflict of interest, but I have, I’ve built a very great company and it’s a big company and it’s all over the world. People are starting to see, when they look at all these different jobs, like in India and other things, number one, a job like that builds great relationships with the people of India, so it’s all good. But I have to say, the partners come in, they’re very, very successful people. They come in, they’d say, they said, ‘Would it be possible to have a picture?’ Actually, my children are working on that job. So I can say to them, Arthur, ‘I don’t want to have a picture,’ or, I can take a picture. I mean, I think it’s wonderful to take a picture. I’m fine with a picture. But if it were up to some people, I would never, ever see my daughter Ivanka again. That would be like you never seeing your son again. That wouldn’t be good. That wouldn’t be good. But I’d never, ever see my daughter Ivanka…

This is one of, if not the only, core belief which is likely to guide the actions of Donald Trump in office.

Trump was confronted with the charges of racism and anti-Semitism surrounding Steve Bannon in light of his work at Breitbart:

DAVIS: You hired Steve Bannon to be the chief strategist for you in the White House. He is a hero of the alt-right. He’s been described by some as racist and anti-Semitic. I wonder what message you think you have sent by elevating him to that position and what you would say to those who feel like that indicates something about the kind of country you prefer and the government you’ll run.

TRUMP: Um, I’ve known Steve Bannon a long time. If I thought he was a racist, or alt-right, or any of the things that we can, you know, the terms we can use, I wouldn’t even think about hiring him. First of all, I’m the one that makes the decision, not Steve Bannon or anybody else. And Kellyanne will tell you that.

KELLYANE CONWAY: 100 percent.

TRUMP: And if he said something to me that, in terms of his views, or that I thought were inappropriate or bad, number one I wouldn’t do anything, and number two, he would have to be gone. But I know many people that know him, and in fact, he’s actually getting some very good press from a lot of the people that know him, and people that are on the left. But Steve went to Harvard, he was a, you know, he was very successful, he was a Naval officer, he’s, I think he’s very, very, you know, sadly, really, I think it’s very hard on him. I think he’s having a hard time with it. Because it’s not him. It’s not him.

I’ve known him for a long time. He’s a very, very smart guy. I think he was with Goldman Sachs on top of everything else…

He was also asked about his support from neo-Nazis:

UNKNOWN: Mr. President-elect, I wanted to ask you, there was a conference this past weekend in Washington of people who pledged their allegiance to Nazism.

TRUMP: Boy, you are really into this stuff, huh?

PRIEBUS: I think we answered that one right off the bat.

UNKNOWN: Are you going to condemn them?

TRUMP: Of course I did, of course I did.

PRIEBUS: He already did.

UNKNOWN: Are you going to do it right now?

TRUMP: Oh, I see, maybe you weren’t here. Sure. Would you like me to do it here? I’ll do it here. Of course I condemn. I disavow and condemn…

Trump will remain under close scrutiny in light of Steve Bannon’s past work, and others on the far right who support him. He is also being watched closely by several civil liberties organizations.

He also backed down slightly on torture:

HABERMAN: And on torture? Where are you — and waterboarding?

TRUMP: So, I met with General Mattis, who is a very respected guy. In fact, I met with a number of other generals, they say he’s the finest there is. He is being seriously, seriously considered for secretary of defense, which is — I think it’s time maybe, it’s time for a general. Look at what’s going on. We don’t win, we can’t beat anybody, we don’t win anymore. At anything. We don’t win on the border, we don’t win with trade, we certainly don’t win with the military. General Mattis is a strong, highly dignified man. I met with him at length and I asked him that question. I said, what do you think of waterboarding? He said — I was surprised — he said, ‘I’ve never found it to be useful.’ He said, ‘I’ve always found, give me a pack of cigarettes and a couple of beers and I do better with that than I do with torture.’ And I was very impressed by that answer. I was surprised, because he’s known as being like the toughest guy. And when he said that, I’m not saying it changed my mind. Look, we have people that are chopping off heads and drowning people in steel cages and we’re not allowed to waterboard. But I’ll tell you what, I was impressed by that answer. It certainly does not — it’s not going to make the kind of a difference that maybe a lot of people think. If it’s so important to the American people, I would go for it. I would be guided by that. But General Mattis found it to be very less important, much less important than I thought he would say. I thought he would say — you know he’s known as Mad Dog Mattis, right? Mad Dog for a reason. I thought he’d say ‘It’s phenomenal, don’t lose it.’ He actually said, ‘No, give me some cigarettes and some drinks, and we’ll do better.’

It is good to see that he listened to the view that torture is not effective. It is discouraging to see that he then said, “If it’s so important to the American people, I would go for it.” Hardly a position which respects either the facts or ethics. Torturing prisoners because “the American people” want it, even if it is of no benefit, is hardly a defensible position.

Bernie Sanders Is The Only Candidate To Consider Defending Civil Liberties Following Terrorist Attack

Sanders Passion Civil Liberties

There’s nothing like a terrorist attack to bring out the craziness in Republicans. The terrorist attacks in Brussels resulted in some rather absurd recommendations from the two leading Republican candidates.  Donald Trump called for more torture and closing the borders.

Ted Cruz, who sometimes pretends to be somewhat libertarian, called for a police state, complete with police patrols of Muslim neighborhoods. He also calls for securing the border, despite the Department of Homeland Security having frequently debunked Republican claims of ISIS infiltrating the United States by crossing the border.

The Democratic candidates showed greater sanity. Clinton called closing the borders unrealistic.  Sanders, as usual, took this further than Clinton, seeing the big issue beyond whether matters are realistic. He responding to Cruz by saying, “That would be unconstitutional, it would be wrong.” While I am glad to see that Clinton does not believe that it is realistic to close the borders, she has also sounded alarmingly close to Donald Trump when it comes to the civil liberties issues involved in responding to terrorism, as in this recnt statement:

You’re going to hear all of the usual complaints, you know, freedom of speech, et cetera. But if we truly are in a war against terrorism and we are truly looking for ways to shut off their funding, shut off the flow of foreign fighters, then we’ve got to shut off their means of communicating. It’s more complicated with some of what they do on encrypted apps, and I’m well aware of that, and that requires even more thinking about how to do it.

While Clinton remains the lesser evil in comparison to the Republican candidates, Bernie Sanders is the only candidate to stress civil liberties issues. This is crucial considering the degree to which conservatives (including Clinton) have been quick to abandon civil liberties in response to terrorist threats.

Update: CNN reports, Clinton calls for more surveillance, police after Brussels attacks

The New York Times Calls For Prosecution Of Those Responsible For Torture

In an editorial, The New York Times pointed out that Barack Obama “has failed to bring to justice anyone responsible for the torture of terrorism suspects.” They recommended prosecution of those responsible in light of the recent Senate report:

Americans have known about many of these acts for years, but the 524-page executive summary of the Senate Intelligence Committee’s report erases any lingering doubt about their depravity and illegality: In addition to new revelations of sadistic tactics like “rectal feeding,” scores of detainees were waterboarded, hung by their wrists, confined in coffins, sleep-deprived, threatened with death or brutally beaten. In November 2002, one detainee who was chained to a concrete floor died of “suspected hypothermia.”

These are, simply, crimes. They are prohibited by federal law, which defines torture as the intentional infliction of “severe physical or mental pain or suffering.” They are also banned by the Convention Against Torture, the international treaty that the United States ratified in 1994 and that requires prosecution of any acts of torture.

So it is no wonder that today’s blinkered apologists are desperate to call these acts anything but torture, which they clearly were. As the report reveals, these claims fail for a simple reason: C.I.A. officials admitted at the time that what they intended to do was illegal.

The New York Times joins others in dismissing the excuses of apologists for torture and calls for an independent criminal investigation:

No amount of legal pretzel logic can justify the behavior detailed in the report. Indeed, it is impossible to read it and conclude that no one can be held accountable. At the very least, Mr. Obama needs to authorize a full and independent criminal investigation.

The American Civil Liberties Union and Human Rights Watch are to give Attorney General Eric Holder Jr. a letter Monday calling for appointment of a special prosecutor to investigate what appears increasingly to be “a vast criminal conspiracy, under color of law, to commit torture and other serious crimes.”

The editorial named those who should be held accountable:

But any credible investigation should include former Vice President Dick Cheney; Mr. Cheney’s chief of staff, David Addington; the former C.I.A. director George Tenet; and John Yoo and Jay Bybee, the Office of Legal Counsel lawyers who drafted what became known as the torture memos. There are many more names that could be considered, including Jose Rodriguez Jr., the C.I.A. official who ordered the destruction of the videotapes; the psychologists who devised the torture regimen; and the C.I.A. employees who carried out that regimen.

One would expect Republicans who have gone hoarse braying about Mr. Obama’s executive overreach to be the first to demand accountability, but with one notable exception, Senator John McCain, they have either fallen silent or actively defended the indefensible. They cannot even point to any results: Contrary to repeated claims by the C.I.A., the report concluded that “at no time” did any of these techniques yield intelligence that averted a terror attack. And at least 26 detainees were later determined to have been “wrongfully held.”

This should happen, but we know it will not. It is not only a matter of morality. As I discussed recently, not only does torture not work, but its use corrupts governments which rely upon it and undermine legitimate forms of intelligence gathering.

Reasons Why Torture Does Not Work

One major finding of the recent bipartisan Senate report on torture was that torture used in the United States post 9/11 did not produce any useful intelligence. The same lack of efficacy was seen by every other country which tried to use torture, even in cases such as Nazi Germany and North Vietnam, which are often claimed by supports of the use of torture as examples of torture working. The only examples of torture working come from watching Jack Bauer on 24 or from watching Fox “News”–both of which are fictional sources.

Ryan Cooper has a good summary of the reasons torture does not work, and never has, at The Week. He began:

In the wake of the Senate report cataloging a whole lot of torture committed by the CIA, Dick Cheney has been reduced to arguing that torturing people — even innocent ones — is worth doing if you eventually get good results. The ends justify the means.

I can see why he makes this argument — he’s simply got no other option. It is now obvious that what the CIA did was illegal, brutal torture. Claims that it kept the nation safe are all that Cheney has left.

But Cheney is wrong: torture doesn’t work and never has.

I have referenced the work Torture and Democracy, by Darius Rejali of Reed College, many times in the past. It is widely agreed to be a benchmark work on torture — perhaps the most thorough investigation and analysis of the subject available. Here’s what Rejali says, to put this question to rest for all time.

Over 12 years of research, Rejali examined the use of torture in the U.S., Great Britain, Nazi Germany, Soviet Russia, South Vietnam, and Korea. He looked at torture inflicted during the French-Algerian War, as well as at the Abu Ghraib prison in Iraq and at Guantanamo Bay. His research found that there is no record of any successful use of torture to gather intelligence, not even in totalitarian states.

The full article is worth reading as it contains many of the usual reasons discussed, such as the livelihood of receiving false information, along with reasons based upon the nature of pain:

Causing someone pain is not like turning a dial on a stove. Greater damage to the body often translates as less pain, since the body, in shock, shuts down the pain system (as victims of car accidents or shootings can often attest). Going too far, too fast with torture can simply desensitize people or cause them to black out. Furthermore, different people have different thresholds for pain, and they use certain types of pain to mask other ones. As a result, even with technological assistance, it is simply impossible to torture in any scientific, reproducible way.

Torturers understand this, and so are drawn to two blunt techniques: 1) apply maximum allowable pain, so as to push past all limits and 2) vary the torture methods widely to exploit as many phobias and specific weaknesses as possible. One perverse result of this is that there will be constant pressure to ignore limits set by the law in favor of a maximum diversity of pain.

Cooper also discussed additional problems with torture such as that  “torture badly corrodes organizations that practice it”, ” torture directly undermines traditional intelligence-gathering” and that “what little information is produced under torture is extremely unreliable.”

Detainees with a score to settle may falsely rat out old enemies, hoping they will be tortured instead. Detainees with no information will sometimes try to appease their torturers with lies, making interrogators waste time and effort chasing false leads. The CIA did just this, in fact. The Senate report documents at least one instance in which the CIA tortured a detainee, who gave them bad information, which led to more innocent people being detained.

Even when prisoners say true things, the interrogators very often do not believe them. This happened to John McCain when he was tortured in North Vietnam. Formal studies show that torturers cannot reliably distinguish truth from falsehood.

He also addressed the “ticking time bomb” scenarios often raised by supporters of torture:

That brings us to the ticking time bomb thought experiment, where someone is known to have information about an imminent attack but will not talk. This is the centerpiece of the pro-torture case. Setting aside the fact that this sort of situation is extraordinarily rare, there is no reason to think time-limited, high-pressure torture would be any more successful than in other circumstances. On the contrary, all the problems with torture identified above are made worse by a time constraint: the techniques are limited, as slow ones must be ruled out; pain must be applied more quickly, thus increasing the risk of blackouts, desensitization, or memory damage; and time wasted chasing false leads becomes an even greater loss.

As with so many Republican views, the facts do not support their policies, but this does not affect their views because they choose their positions based upon ideological and philosophical reasons, and then try to twist the facts to support their views. Their support for torture, despite all the evidence that it does not work, certainly does say something about their character.

24 And Torture

24 torture

Matt Bai has discussed the “24 Effect” on how terrorism is viewed:

In a sense, “24” became a kind of virtual universe in which all of us could role-play — even if we happened to know more about the roles than the actors did. I recall a conversation with Bill Clinton in 2007 during which he brought up the show and spent the better part of a half hour dissecting the strengths and flaws in its portrayal of real-time decisions.

There was something comforting, too, about the portrayal of intelligence agencies in “24.” Even with the insipid station chiefs who cycled in and out of the show, CTU itself remained amazingly high-functioning and high-tech. State-of-the-art computers gleamed in brilliant new offices of steel and glass. Satellites saw everything, everywhere, and beamed it all flawlessly to Jack’s phone during the commercial break.

That false portrayal of our counterterrorism agencies was demolished by the 9/11 commission report in 2004, with its accounts of missed clues and outdated technology. And what we now also know, thanks to the new Senate report, is that it wasn’t the bureaucrats back in Washington who were balking at torture while the real Jack Bauers jettisoned the rules, but often the other way around entirely.

In truth, a lot of the operatives were apparently sickened by immoral tactics they knew weren’t working, but their bosses insisted on believing that the world was like TV, and the bad guys would break just as they did for Jack, if only our agents would do what they had to do. If the Senate’s investigators can be believed, those bosses were wrong — both morally and tactically.

Another view  from Jonathan Freedland at The Guardian:

This week the writer Matt Bai made the intriguing argument that the success of 24 might have shaped America’s whatever-it-takes approach to terrorism, at the very least allowing policymakers to believe that a US public that was cheering on Jack Bauer would have little objection to US agents engaging in similar behaviour in real life. It’s a thought I had – and worried about – at the time. But it misses something crucial.

It’s true that 24 struck a chord in that post-9/11 period. It channelled our collective id, ourdeepest, darkest urges. Caught up in the story, we wanted Bauer to, say, sever the head of the villain with a hacksaw. But that is not necessarily what we wanted from our governments. The state cannot be the sum of our collective impulses and instincts, no matter how base. It has to be better than that. It has to listen to cooler demands: the rule of law, basic rights and common human decency. Reality may outstrip fiction, but it has to behave better too. The alternative is the horror laid bare this week — and whose legacy we live with still.

I had also made a recent comparison to 24, and another source of fantasy as opposed to the reality of torture:

Senate Intelligence Committee Report Shows That CIA Lied About Torture & Torture Did Not Work

The Senate Intelligence Committee released their report today, providing documentation that the CIA was both brutal and dishonest about their tactics, and that torture did not work. The New York Times listed these seven key points:

  • The C.I.A.’s interrogation techniques were more brutal and employed more extensively than the agency portrayed.
  • The C.I.A. interrogation program was mismanaged and was not subject to adequate oversight.
  • The C.I.A. misled members of Congress and the White House about the effectiveness and extent of its brutal interrogation techniques.
  • Interrogators in the field who tried to stop the brutal techniques were repeatedly overruled by senior C.I.A. officials.
  • The C.I.A. repeatedly underreported the number of people it detained and subjected to harsh interrogation techniques under the program.
  • At least 26 detainees were wrongfully held and did not meet the government’s standard for detention.
  • The C.I.A. leaked classified information to journalists, exaggerating the success of interrogation methods in an effort to gain public support.

The Washington Post indexed the report by twenty key findings. See the articles in The Washington Post and New York Times for more specifics on each point.

1 “not an effective means of acquiring intelligence”
2 “rested on inaccurate claims of their effectiveness”
3 “brutal and far worse than the CIA represented”
4 “conditions of confinement for CIA detainees were harsher”
5 “repeatedly provided inaccurate information”
6 “actively avoided or impeded congressional oversight”
7 “impeded effective White House oversight”
8 “complicated, and in some cases impeded, the national security missions”
9 “impeded oversight by the CIA’s Office of Inspector General”
10 “coordinated the release of classified information to the media”
11 “unprepared as it began operating”
12 “deeply flawed throughout the program’s duration”
13 “overwhelmingly outsourced operations”
14 “coercive interrogation techniques that had not been approved”
15 “did not conduct a comprehensive or accurate accounting of the number of individuals it detained”
16 “failed to adequately evaluate the effectiveness”
17 “rarely reprimanded or held personnel accountable”
18 “ignored numerous internal critiques, criticisms, and objections”
19 “inherently unsustainable”
20 “damaged the United States’ standing in the world”

The Daily Beast lists The Most Gruesome Moments in the CIA ‘Torture Report’

Right-leaning Politico reports: Dick Cheney Was Lying About Torture–The Senate report confirms it doesn’t work. As those of us on the inside knew.

Needless to say, there is commentary throughout the blogosophere. Andrew Sullivan wrote:

The US did torture many many people with techniques devised by Nazis and Communists, sometimes in former KGB facilities. The CIA itself admits in its internal documents that none of it worked or gave us any actionable intelligence that wasn’t discovered through legal means. The torture techniques were not implemented by highly-trained professionals, but by goonish amateurs who concealed what they were doing and lied about it to superiors. All the techniques were and are clearly illegal under US and international law.

Why Many People In The Middle Now Identify With The Left

While the country has become more liberal in some ways, the Republican Party has moved to the extreme right, and the Democratic Party has filled in the vacuum in the middle by also moving to the right on many issues. As a consequence, many people who previously considered themselves in the middle are finding that the current views of the left are closer to their views. Thomas Ricks, who wrote Fiasco, and excellent look at the Iraq War, described why he moved to the left at Politico:

Disappointment in the American government over the last 10 years. Our wars in Afghanistan and Iraq were the first big shocks. I thought that invading Afghanistan was the right response to the 9/11 attacks, but I never expected the U.S. military leadership would be so inept in fighting there and in Iraq, running the wars in ways that made more enemies than were stopped. I believe that the invasion of Iraq was wrong, not only launched on false premises but also strategically foolish in that ultimately it has increased Iran’s power in the Middle East.

Torture. I never expected my country to endorse torture. I know that torture has existed in all wars, but to my knowledge, its use, under the chilling term “enhanced interrogation,” was never official U.S. policy until this century. In fact, until our recent wars, the American military had a proud heritage of handling its prisoners better than most. During the Revolutionary War, Gen. George Washington reminded his men of the need to “Treat [captives] with humanity, and Let them have no reason to complain of our Copying the brutal example of the British army.”

How we fought. I never thought that an American government would employ mercenaries in a war. And yet we did this in Iraq by hiring thousands of armed “security contractors” who in practice were subject neither to local law nor to the American military justice system, and so could and often did treat Iraqis badly. In September 2007, I remember, American officers, who by then understood the need to treat Iraqi civilians well, were outraged when Blackwater employees shot 37 Iraqis in Baghdad’s Nisour Square—the rough equivalent of opening up on the lunch crowd in Dupont Circle. Yet to my knowledge, the U.S. government has not studied how the use of mercenaries poisoned the conduct of the war. Indeed, it gives every indication of planning to operate the same way in the future.

Intelligence officials run amok. I think that American intelligence officials have shown a contempt for the way our democracy is supposed to work in turning a vast and unaccountable apparatus on the citizens it is supposed to be protecting. I remain wary of Edward Snowden’s motivations and connections, yet still am worried by the intrusive surveillance by the National Security Agency he has unveiled. At the very least, in a democracy, we should be able to be informed about the actions that have eroded our privacy but supposedly were taken in our name.

Growing income inequality. I also have been dismayed by the transfer of massive amounts of wealth to the richest people in the country, a policy supported over the last 35 years by successive administrations of both parties. Apparently income redistribution downward is dangerously radical, but redistribution upward is just business as usual. The middle class used at least to get lip service from the rich—“backbone of the country” and such. Now it is often treated like a bunch of saps not aware enough to evade their taxes.

This led to a lengthy discussion at The Moderate Voice, where I also blog. Many of the bloggers and regular commentators there are in a similar position, thinking of themselves as moderates but finding their views are now more in line with the left, especially on social issues. While Ricks didn’t mention social issues, the desire to keep government out of the private lives of individuals has led many people to abandon the Republicans and the conservative movement.

Opposition to the Iraq War and related issues has generally been the defining issue for the formation of the liberal “netroots” and this dominates Ricks’ reasons. Republicans typically use fear and distort Democratic views, such as with the misquotation of Obama as the theme of the last Republican convention, to falsely paint liberals as being for socialism. There are no such economic views listed by Ricks, and the same is typical of many liberals. There is a far greater variation in views on the left than on the right, but the center of gravity has moved rightwards on economic issues. Liberals tend to be  more pragmatists and closer to Eisenhower Republicans than anything close to socialist (by its classic meaning).

If the word conservative really meant anything, in many ways today’s liberals are the conservatives who want to preserve our market economy, while eliminating its abuses, while Republicans are the radicals who want to destroy the system and make our economy more like a banana republic. It is the Republicans who are irresponsible fiscally, financing their policies on credit (while Democrats are more likely to include financing for their policies), caring more about tax cuts for the rich as opposed to cutting the deficit, and rigging the system to redistribute wealth from the middle class to the rich. Besides the ethical problems with this, destroying the middle class is horrible for the economy, and in the long run doesn’t even benefit the rich either, unless you want to live in a banana republic. On top of this we have the Republicans engaging in irresponsible action such as shutting down the government and making an issue out of increasing the debt ceiling, resulting in a lowering of the country’s credit rating.

The Affordable Care Act is a good example of how both parties have moved to the right on health care. Obamacare is quite close to Richard Nixon’s health care plan, the GOP counter-proposal to HillaryCare in the 90′s, and Mitt Romney’s plan. Republicans used to push for mandates, exchanges, and recommended high deductible plans tied to medical savings accounts. Once Obama pushed for all of this, as opposed to previous more liberal health care proposals, the Republicans suddenly claimed that everything they supported in the past is socialism and amounts to a government takeover of health care. (Of course part of the Republican opposition is because Obamacare does differ from the old Republican proposals in including regulations to keep insurance companies from ripping off consumers while pushing to increase use of private insurance companies.)

Conservatives are likely to misinterpret the inclusion of concerns about income inequality by Ricks, as well as myself  in this post, as indicating support for socialism. Concern about the deleterious effects of  the concentration of wealth to our economy is not an exclusively liberal viewpoint–see the works of Kevin Phillips on this. Nor does this mean that socialism is being advocated as the solution.

Nicholas Kristof has an op-ed on income inequality which is worth reviewing:

First, economic inequality has worsened significantly in the United States and some other countries. The richest 1 percent in the United States now own more wealth than the bottom 90 percent. Oxfam estimates that the richest 85 people in the world own half of all wealth.

The situation might be tolerable if a rising tide were lifting all boats. But it’s lifting mostly the yachts. In 2010, 93 percent of the additional income created in America went to the top 1 percent.

Second, inequality in America is destabilizing. Some inequality is essential to create incentives, but we seem to have reached the point where inequality actually becomes an impediment to economic growth.

Certainly, the nation grew more quickly in periods when we were more equal, including in the golden decades after World War II when growth was strong and inequality actually diminished. Likewise, a major research paper from the International Monetary Fund in April found that more equitable societies tend to enjoy more rapid economic growth.

Indeed, even Lloyd Blankfein, the chief executive of Goldman Sachs, warns that “too much … has gone to too few” and that inequality in America is now “very destabilizing.”

Inequality causes problems by creating fissures in societies, leaving those at the bottom feeling marginalized or disenfranchised. That has been a classic problem in “banana republic” countries in Latin America, and the United States now has a Gini coefficient (a standard measure of inequality) approaching some traditionally poor and dysfunctional Latin countries.

Third, disparities reflect not just the invisible hand of the market but also manipulation of markets. Joseph Stiglitz, the Nobel Prize-winning economist, wrote a terrific book two years ago, “The Price of Inequality,” which is a shorter and easier read than Piketty’s book. In it, he notes: “Much of America’s inequality is the result of market distortions, with incentives directed not at creating new wealth but at taking it from others.”

For example, financiers are wealthy partly because they’re highly educated and hardworking — and also because they’ve successfully lobbied for the carried interest tax loophole that lets their pay be taxed at much lower rates than other people’s.

Likewise, if you’re a pharmaceutical executive, one way to create profits is to generate new products. Another is to lobby Congress to bar the government’s Medicare program from bargaining for drug prices. That

Fourth, inequality doesn’t necessarily even benefit the rich as much as we think. At some point, extra incomes don’t go to sate desires but to attempt to buy status through “positional goods” — like the hottest car on the block.

The problem is that there can only be one hottest car on the block. So the lawyer who buys a Porsche is foiled by the C.E.O. who buys a Ferrari, who in turn is foiled by the hedge fund manager who buys a Lamborghini. This arms race leaves these desires unsated; there’s still only one at the top of the heap.

Fifth, progressives probably talk too much about “inequality” and not enough about “opportunity.” Some voters are turned off by tirades about inequality because they say it connotes envy of the rich; there is more consensus on bringing everyone to the same starting line.

Unfortunately, equal opportunity is now a mirage. Indeed, researchers find that there is less economic mobility in America than in class-conscious Europe.

We know some of the tools, including job incentives and better schools, that can reduce this opportunity gap. But the United States is one of the few advanced countries that spends less educating the average poor child than the average rich one. As an escalator of mobility, the American education system is broken.

Cross posted at The Moderate Voice

Update: Norm Ornstein On The Republican Battle Between The Conservatives And Lunatic Radicals

Bipartisan Report On Torture After 9/11

In case anyone still had any doubt that George Bush and Dick Cheney should be tried as war criminals, a bipartisan report confirms the long-standing criticism of torture being used under them:

A nonpartisan, independent review of interrogation and detention programs in the years after the Sept. 11, 2001, terrorist attacks concludes that “it is indisputable that the United States engaged in the practice of torture” and that the nation’s highest officials bore ultimate responsibility for it.

The sweeping, 577-page report says that while brutality has occurred in every American war, there never before had been “the kind of considered and detailed discussions that occurred after 9/11 directly involving a president and his top advisers on the wisdom, propriety and legality of inflicting pain and torment on some detainees in our custody.” The study, by an 11-member panel convened by the Constitution Project, a legal research and advocacy group, is to be released on Tuesday morning.

Debate over the coercive interrogation methods used by the administration of President George W. Bush has often broken down on largely partisan lines. The Constitution Project’s task force on detainee treatment, led by two former members of Congress with experience in the executive branch — a Republican, Asa Hutchinson, and a Democrat, James R. Jones — seeks to produce a stronger national consensus on the torture question.

While the task force did not have access to classified records, it is the most ambitious independent attempt to date to assess the detention and interrogation programs. A separate 6,000-page report on the Central Intelligence Agency’s record by the Senate Intelligence Committee, based exclusively on agency records, rather than interviews, remains classified.

“As long as the debate continues, so too does the possibility that the United States could again engage in torture,” the report says.

The use of torture, the report concludes, has “no justification” and “damaged the standing of our nation, reduced our capacity to convey moral censure when necessary and potentially increased the danger to U.S. military personnel taken captive.” The task force found “no firm or persuasive evidence” that these interrogation methods produced valuable information that could not have been obtained by other means. While “a person subjected to torture might well divulge useful information,” much of the information obtained by force was not reliable, the report says.

Interrogation and abuse at the C.I.A.’s so-called black sites, the Guantánamo Bay prison in Cuba and war-zone detention centers, have been described in considerable detail by the news media and in declassified documents, though the Constitution Project report adds many new details.

It confirms a report by Human Rights Watch that one or more Libyan militants were waterboarded by the C.I.A., challenging the agency’s longtime assertion that only three Al Qaeda prisoners were subjected to the near-drowning technique. It includes a detailed account by Albert J. Shimkus Jr., then a Navy captain who ran a hospital for detainees at the Guantánamo Bay prison, of his own disillusionment when he discovered what he considered to be the unethical mistreatment of prisoners.

But the report’s main significance may be its attempt to assess what the United States government did in the years after 2001 and how it should be judged. The C.I.A. not only waterboarded prisoners, but slammed them into walls, chained them in uncomfortable positions for hours, stripped them of clothing and kept them awake for days on end.

The question of whether those methods amounted to torture is a historically and legally momentous issue that has been debated for more than a decade inside and outside the government. The Justice Department’s Office of Legal Counsel wrote a series of legal opinions from 2002 to 2005 concluding that the methods were not torture if used under strict rules; all the memos were later withdrawn. News organizations have wrestled with whether to label the brutal methods unequivocally as torture in the face of some government officials’ claims that they were not.

In addition, the United States is a signatory to the international Convention Against Torture, which requires the prompt investigation of allegations of torture and the compensation of its victims.

Like the still-secret Senate interrogation report, the Constitution Project study was initiated after President Obama decided in 2009 not to support a national commission to investigate the post-9/11 counterterrorism programs, as proposed by Senator Patrick J. Leahy, Democrat of Vermont, and others. Mr. Obama said then that he wanted to “look forward, not backward.” Aides have said he feared that his own policy agenda might get sidetracked in a battle over his predecessor’s programs.

The panel studied the treatment of prisoners at Guantánamo Bay, in Afghanistan and Iraq, and at the C.I.A’s secret prisons. Staff members, including the executive director, Neil A. Lewis, a former reporter for The New York Times, traveled to multiple detention sites and interviewed dozens of former American and foreign officials, as well as former detainees.

Mr. Hutchinson, who served in the Bush administration as chief of the Drug Enforcement Administration and under secretary of the Department of Homeland Security, said he “took convincing” on the torture issue. But after the panel’s nearly two years of research, he said he had no doubts about what the United States did.

“This has not been an easy inquiry for me, because I know many of the players,” Mr. Hutchinson said in an interview. He said he thought everyone involved in decisions, from Mr. Bush down, had acted in good faith, in a desperate effort to try to prevent more attacks.

“But I just think we learn from history,” Mr. Hutchinson said. “It’s incredibly important to have an accurate account not just of what happened but of how decisions were made.”

He added, “The United States has a historic and unique character, and part of that character is that we do not torture.”

The panel found that the United States violated its international legal obligations by engineering “enforced disappearances” and secret detentions. It questions recidivism figures published by the Defense Intelligence Agency for Guantánamo detainees who have been released, saying they conflict with independent reviews.

Many on the right justified these actions belieing they were necessary for our national security. Therefore I will repeat the line above which points out:  The use of torture, the report concludes, has “no justification” and “damaged the standing of our nation, reduced our capacity to convey moral censure when necessary and potentially increased the danger to U.S. military personnel taken captive.” The task force found “no firm or persuasive evidence” that these interrogation methods produced valuable information that could not have been obtained by other means. While “a person subjected to torture might well divulge useful information,” much of the information obtained by force was not reliable, the report says.